Tag Archives: Libya

by | 09 Feb 2011 · 05:04

WikiLeaks 2008 US Cable: Death of Key Libyan Official Hampers Counter-Migration Efforts / Malta’s Efforts to Negotiate Readmission Agreement With Libya On Hold

This cable reports comments made by Malta’s Ambassador to Libya, Joseph Cassar, about the negative impact caused by the death of Fawzi Ghariba, Director of International Cooperation for Libya’s Port Authority-equivalent, on Maltese efforts to coordinate migration control and SAR operations with Libya.  The cable was written in May 2008 by the US Embassy’s Chargé d’Affaires, Chris Stevens, and is titled:  “Death of Key Libyan Official Hampers Counter-Migration Efforts.”

Ambassador Cassar was reported as saying that the death of Fawzi Ghariba six weeks earlier “had negatively impacted the GOL’s responsiveness on illegal migration issues at a critical time.”  Cassar said Ghariba “played a key role in finalizing recent Malta-Libya and Italy-Malta bilateral cooperation agreements on migration issues [and that he] was an energetic and efficient operator and one of the only GOL officials who approached illegal migration with any sense of urgency.  Cassar “said efforts to finalize … a readmission agreement under which migrants found to have entered Malta illegally could be returned to their country of departure (Libya) rather than their countries of origin, had been frozen since Ghariba’s death.”

Most of the Cable’s text follows:

“DEATH OF KEY LIBYAN OFFICIAL HAMPERS COUNTER-MIGRATION EFFORTS…

HIGH SEASON FOR ILLEGAL MIGRANTS

2.(SBU) Maltese Ambassador Joseph Cassar pulled P/E Chief aside for a conversation on illegal migration as the latter penned a message in the condolences book for the recently deceased Sir Anthony Mamo, the first President of Malta. Saying it had been “a bad week”, Cassar noted that more than 70 illegal migrants had made landfall and requested asylum in Malta during a single 48-hour period earlier this week. More than half of the 70 individuals claimed to have departed from Libya’s coast, prompting Valletta to task its embassy in Tripoli to reiterate requests that the GOL increase patrols in its Search and Rescue area (SAR). Cassar noted that more vessels transporting illegal migrants appear to be calling via satellite telephones to claim distress and request assistance immediately after entering Malta’s SAR. He suggested that they did so to mitigate the chance that they would founder before being rescued.

KEY OFFICIAL’S DEATH DIMINISHES LIBYA’S RESPONSIVENESS

3.(SBU) Cassar said the GOL’s response to the Maltese demarche had been “disappointing”. He noted that the unexpected death six weeks ago of Engineer Fawzi Ghariba, former Director of International Cooperation for Libya’s Port Authority-equivalent and a key interlocutor on counter-migration efforts, had negatively impacted the GOL’s responsiveness on illegal migration issues at a critical time. (Note: Launches from Libya of vessels transporting illegal migrants typically increase in spring/summer months to take advantage of improved weather and sea conditions. End note.) Describing Ghariba’s operating style as “American”, he said the late official played a key role in finalizing recent Malta-Libya and Italy-Malta bilateral cooperation agreements on migration issues (reftel). More importantly, Ghariba was an energetic and efficient operator and one of the only GOL officials who approached illegal migration with any sense of urgency. In several cases, Ghariba had galvanized the GOL to deal with migration issues and prompted disparate GOL entities to coordinate their efforts through the force of his personality. On instructions from Valletta, Cassar has asked the GOL several times when a successor to Ghariba might be identified; however, the GOL has demurred, saying it would be unseemly to rush to appoint a replacement.

BROADER EFFORTS ON TRAINING, READMISSION AGREEMENTS ALSO IMPACTED

4.(C) Cassar said Malta has focused on enhancing training for Libyan CG officials patrolling Libya’s SAR area. He said efforts to finalize an agreement to provide such training, as well as a readmission agreement under which migrants found to have entered Malta illegally could be returned to their country of departure (Libya) rather than their countries of origin, had been frozen since Ghariba’s death. (Comment: A number of European countries have been pursuing similar readmission agreements with the GOL. All have encountered significant difficulty in attempting to finalize those, suggesting that factors other than Ghariba’s death may bear on Malta’s efforts. End comment.) He encouraged the U.S. to continue focusing on training and material assistance for Libya’s CG. (Note: Two Libyan CG officers are scheduled to participate in upcoming training programs at a facility in Malta that uses a U.S. Coast Guard curriculum. End note.) Suggesting that he did not agree with Valletta’s position that equipment donations [i.e., by wealthier EU countries like Italy] to Libya to combat illegal migration be predicated on the GOL “taking greater responsibility” for its SAR, Cassar described the Libyan CG’s equipment needs as “considerable”….”

Click here and here for full Cable.

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by | 09 Feb 2011 · 04:18

WikiLeaks 2009 US Cable: EU-Libya Framework Agreement Hangs on ICC, Trade, Migration

This cable provides the views of the US Embassy in Tripoli as of July 2009 regarding the EU-Libya Framework Agreement negotiations.  A round of EU-Libya negotiations took place on 13-14 July 2009.  The cable was written by the US Embassy’s Chargé d’Affaires at the time, Joan Polaschik, and is titled:  “EU FRAMEWORK AGREEMENT HANGS ON ICC, TRADE, MIGRATION.”

According to the cable, Libyan negotiator Mohammed Siala “railed against language stating that the [EU and Libya] agreed to discuss crimes against humanity in an international context, angrily stating that any mention of the International Criminal Court (ICC) or text similar to that of the Rome Statute would cause a total breakdown of the framework negotiations.”  Negotiations on migration issues however went more smoothly according to the cable: “the chief EC negotiator told EU diplomats that the negotiations [on migration] were a ‘step forward’ and that more progress was made than expected with no major objections from either side on the draft as presented….”

Excerpts from the cable:

“1.(C/NF) Summary: The latest round of EU-Libya Framework Agreement negotiations hit snags over sensitive political issues and were slowed by Libya’s inefficient technical bureaucracy. The Libyans denounced the International Criminal Court and decreed that any language similar to the Rome Statute was off limits. Trade talks stalled when the Libyans announced that they had not examined the draft paper (presented in early 2009) and were unable to produce trade statistics from 2007/2008 or provide data on the Libyan tariff system. Talks on migration went more smoothly than expected, but significant issues remain before the agreement could be given to member states for approval. EU diplomats in Tripoli are skeptical that the EC will be able to get an agreement that can be implemented by both sides within the remaining two rounds of talks….

POLITICAL DIALOGUE: THE EC DANCES ON LIBYA’S ‘RED LINE’

2.(C/NF) Representatives of the European Commission (EC) based in Brussels conducted the latest round of Framework Agreement negotiations July 13-14 in Tripoli with sessions focused on political dialogue, trade and commerce, and migration. Diplomats from EU member states — participating as observers to the EC-Libya negotiations — said that discussions on the political framework were particularly heated. Libyan negotiator Mohammed Siala railed against language stating that the two parties agreed to discuss crimes against humanity in an international context, angrily stating that any mention of the International Criminal Court (ICC) or text similar to that of the Rome Statute would cause a total breakdown of the framework negotiations. According to the UK embassy, nothing in the political dialogue paper is binding on either party and is merely agenda-setting for future discussions. EC negotiators were not/not pushing for Libya to accede to the ICC….

TRADE AND MIGRATION: HITS AND MISSES

4.(C) … On migration, the chief EC negotiator told EU diplomats that the negotiations were a “step forward” and that more progress was made than expected with no major objections from either side on the draft as presented….”

Click here or here for the full Cable.

Click here for a post regarding an earlier US cable discussing the state of EU-Libya framework negotiations in 2008.

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by | 06 Feb 2011 · 07:40

WikiLeaks 2008 US Cable: Background Regarding EU-Libya Framework Agreement Negotiations

This cable provides the views of the US Embassy in Tripoli regarding the state of the EU-Libya Framework Agreement negotiations in July 2008.  It was written by the US Embassy’s Chargé d’Affaires, John Godfrey.  The cable is titled: “THE EU-LIBYA FRAMEWORK AGREEMENT: VENI, VISAS, VETO.”  The cable states that Libya views the EU Framework Agreement as “a ‘reward’ for Libya’s decision in July 2007 to release six [Bulgarian and Palestinian] health workers accused of intentionally infecting over 400 Libyan children with HIV/AIDS.”  The cable describes threats to veto the framework agreement by individual EU member states in an effort to secure bi-lateral concessions from Libya and describes Libya’s claim that the “draft language initialed by [EU] Commissioner Ferrero-Waldner ‘commits’ the EU …  to funding a ‘surveillance mechanism’ along Libya’s land and sea borders to combat illegal migration.”

Most of the cable’s text follows:

“(C)  Summary.  The Government of Libya (GOL) remains keenly interested in pursuing a European Union-Libya Framework Agreement and views a more formalized partnership with the European Union (EU) as a “reward” for Libya’s decision in July 2007 to release six foreign health workers accused of intentionally infecting over 400 Libyan children with HIV/AIDS. Certain EU members, unsure that a more formal cooperation mechanism would be beneficial and sensing Libya’s eagerness, have used the threat of a veto to push their bilateral agendas, particularly with respect to commercial and human rights issues.  One year after Libya and the EU agreed in principle to pursue an agreement, a sizeable perception gap exists between the two sides on the merits of a more formalized partnership.  Despite occasional differences with the EU, most recently over the French-backed Union for the Mediterranean proposal, the GOL will continue to seek an EU framework agreement, in large part because of Muammar al-Qadhafi’s desire to be taken seriously by European leaders. End summary.

BULGARIAN MEDICS CASE HAUNTS EUROPE

2.  (C)  Libya’s much-heralded decision in July 2007 to [release] six foreign health workers imprisoned since 1999 on charges of intentionally infecting children in Benghazi with the HIV/AIDS virus frames current discussions on an EU-Libya Framework Agreement.  Widely seen by Europeans in Libya as a successful alignment of European and Libyan interests, the denoument of the Bulgarian medics case – particularly their immediate pardon upon their arrival in Bulgaria – remains a lasting embarrassment for key elements of the Libyan regime.  The GOL, preoccupied with avoiding the public perception that it caved to foreign pressure to resolve the case, has trumpeted a putative EU framework agreement as a significant concession and a positive coup for Libyan diplomacy.  In an hours-long televised news conference just days after the medics left, Foreign Minister Abdulrahman Shalgham and Under Secretary for European Affairs Abdulati Obeidi boasted that a draft agreement, initialed by EU Commissioner for External Relations Benita Ferrero-Waldner during her July 2007 visit to Tripoli, would pave the way for easier access to Schengen visas for Libyan citizens and increased EU infrastructure investments in Libya. Ferrero-Waldner’s announcement in February 2008 that the EU Commission had submitted a recommendation to the Council of Ministers to grant a mandate to open negotiations with Libya stoked GOL hopes for rapid progress.

3.  (C)  French, Spanish, and German diplomats describe Libya’s primary objective in pursuing an EU framework agreement as reducing the mandatory waiting period for Schengen visas for Libyan nationals from the current 10 days to 48 hours.  …

4.  (C)  The July 2007 EU-Libya draft also lays out cooperation in the fields of human rights, health, and development.  U/S Obeidi informed French Ambassador Francois Gouyette in June 2008 that Libya agreed in principle to negotiate a human rights chapter within the framework agreement; however, Obeidi categorically refused to include discussions of individual human rights cases in the EU negotiations.  … In addition, the GOL has claimed that draft language initialed by Commissioner Ferrero-Waldner “commits” the EU …  to funding a “surveillance mechanism” along Libya’s land and sea borders to combat illegal migration.

VENI, VIDI, VETO

5.  (C)  Certain EU members, sensing Libya’s eagerness to move ahead, have threatened to block a framework agreement as a means by which to secure bilateral concessions, chiefly on commercial and human rights issues.  Italian Economic and Commercial Counselor Domenico Bellantone said that Italy is prepared to veto any framework agreement unless Libya ends a series of discriminatory commercial practices that target Italian firms operating in Libya.  …  French and Greek diplomats in Tripoli have hinted that they may also dangle a veto threat to resolve commercial disputes.  The Netherlands have approached certain EU members about a possible veto over Libya’s outstanding private debt to Dutch firms. Danish Consul-General George Wallen recently told EU Ambassadors in Tripoli that Denmark would veto a framework agreement with Libya unless the GOL lifts bans on Danish imports and Danish participation in infrastructure projects in Libya (prompted by a Danish magazine’s re-publishing in February 2008 of cartoons depicting the Prophet Muhammad).  Denmark also wants the GOL to release Jamal al-Hajj, a Danish-Libyan dual-national arrested on February 16, 2007 in connection with plans to hold a peaceful political demonstration.  Maltese diplomats have said Malta is considering a veto over dissatisfaction with Libya’s maritime patrols in its designated Search and Rescue (SAR) area and continuing concerns over the lack of cooperation by the GOL in efforts to stem the flow of irregular migrants from Libya to Europe.

6.  (C) European diplomats believe that apart from help in combating illegal migration from sub-Saharan Africa and South Asia through Libya to Europe, Europe has little to gain from a closer partnership with Tripoli.  In absence of a more formal agreement, some European countries have pursued bilateral cooperation that they privately assess as being more nimble and effective than broader cooperation under an EU framework agreement might be.  Italian diplomats characterized a recent donation of six vessels to Libya’s coast guard and an offer to train Libyan border security officials as Italy’s bilateral response to what they view as a lack of meaningful EU engagement on illegal migrant flows through Libya.  Greek DCM Ioannis Stamatekos lauded Italy’s move and said Greece may follow suit. Maltese Poloff Daniel Malina said that Malta, lacking resources to make a large equipment donation, hoped to keep the critical migration issue on the EU’s radar during Council deliberations over the Commission’s mandate to pursue the framework agreement.

DON’T RAIN ON MY CHARADE

7.  (C)  Twelve months have passed since Ferrero-Waldner initialed a draft memorandum on an EU-Libya framework agreement; however, a year of inaction does not appear to have dampened GOL perceptions that relations with Europe are on an up-swing. While senior European diplomats in Tripoli are quick to point out that formal negotiations with Libya on any kind of European-Libyan cooperation agreement have yet to even begin, many GOL officials speak of key Libyan negotiating positions, such as the 48-hour Schengen visa point, as if they’re already in place. …  A series of high-level European visits, most recently that of Spanish Foreign Minister Miguel Moratinos, have helped attenuate the GOL’s disappointment over what it perceives as slow progress on the framework agreement and on implementing commitments made during al-Qadhafi’s visits to Spain and France in December 2007.

8. (C) Comment: Libya’s interest in a closer partnership with Europe seems sincere; however, the GOL’s foreign policy, particularly at the senior levels, remains somewhat fickle. Libyan leader Muammar al-Qadhafi’s visit to Madrid and Paris last December sparked a surge of pro-European rhetoric in Tripoli – in one instance, Qadhafi threatened to pull Libyan investment from sub-Saharan Africa to redirect to his new European friends.  More recently, though, al-Qadhafi orchestrated a meeting of Arab Maghreb Union leaders in Tripoli to publicly disparage Sarkozy’s Union for the Mediterannean proposal (reftel).  Characterizing the proposed union as “insulting”, he claimed it would undermine Arab and African member states’ commitments to the Arab League and African Union, and told former British Prime Minister Tony Blair he was concerned that the proposal represented an effort by southern European states to create a North African bulwark against illegal migration from sub-Saharan Africa and to “further legitimize” Israel.  Despite such disagreements, Qadhafi’s interest in being taken seriously, particularly by his “friends Nicholas (Sarkozy) and Silvio (Berlusconi)”, will continue to drive the GOL’s keen interest in finalizing a framework agreement with the EU.  End comment.   GODFREY”

Click here or here for full cable.

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by | 05 Feb 2011 · 06:47

WikiLeaks 2009 US Cable: Italian Ambassador to Libya questions sincerity of Libya’s commitment to combatting illegal migration

This US Department of State cable, released by WikiLeaks on 1 Feb 2011, was written by Gene Cretz, US Ambassador to Libya.  The cable is entitled “The Frogman Who Couldn’t Swim: A Cooperation Cautionary Tale.”  (The cable’s title refers to an incident where Libya sent a member of its Public Security organization who was unable to swim to Italy for training in underwater explosives detection and demolition.)

The cable was written on 17 February 2009 in the same month that the provisions of the Italy-Libya agreement relating to Italy’s maritime push-back practice took effect and three months before the first major interceptions and forcible returns of hundreds of migrants to Libya which occurred in May 2009.  If the US Ambassador’s reporting in the cable is accurate, it would suggest that Italy’s Ambassador to Libya at the time did not believe that Libya was about to begin cooperating with Italy on illegal migration.  Though the cable does point out that comments made by the Italian Ambassador “pre-dated the early February visit to Libya by Italy’s Minister of the Interior, Roberto Maroni, who signed an MOU to implement earlier agreements on counter-migration and counterterrorism cooperation.”

Excerpts from the Cable:

“ITALY ALARMED BY INCREASE IN NUMBER OF ILLEGAL MIGRANTS TRANSITING LIBYA

2. (C) At a recent meeting hosted by the U.K. Ambassador to discuss counterterrorism engagement efforts, Italian Ambassador Francesco Trupiani expressed profound frustration with difficulties Italy had encountered in trying to cooperate with the GOL on counterterrorism and combatting illegal migration (Italy views the two issues as being linked).  Italy was alarmed by the marked increase in the number of illegal migrants that had arrived in Italy – primarily on the island of Lampedusa – from Libya.  By way of example, he offered that 1,300 Tunisian illegal migrants traveled from Libya to Italy in 2007.  In 2008, 5,900 Tunisians made landfall in Italy after departing from Libya’s coast.  The number of migrants from Somalia – “a derelict state” – who had arrived in Italy increased from 5,110 in 2007 to 31,764 in 2008.  The number of Nigerians had increased threefold and featured a heavy contingent of prostitutes and narco-traffickers.

LIBYA DELAYING COOPERATION TO LEVERAGE EU FRAMEWORK NEGOTIATIONS?

3. (C) Noting that smuggling illegal migrants was highly profitable, that the GOL claimed to exercise tight control over travel within Libya, and that senior regime officials traditionally had a direct stake in highly lucrative enterprises (licit and otherwise), Trupiani said it was “implausible” that large numbers of illegal migrants had transited Libya without at least the tacit consent of GOL officials.  The substantial increase in the number of illegal migrants meant a corresponding increase in the amount of money involved.  He speculated that there could be a “logical nexus” between smuggling of illegal migrants, arms trafficking and movement of terrorists, and lamented that no one appeared to be holding the GOL accountable for its failure to more effectively address those inter-related problems.  Worse, the GOL appeared to be deliberately delaying engagement with Italy and other European partners to leverage negotiations for a Libya-EU Framework Agreement (EU External Affairs Commissioner Benita Ferrero-Waldner was in Tripoli February 9-10 for the latest round of negotiations).

***

6. (C) Trupiani was not optimistic that bilateral cooperation would improve in the near term. (Note: Our exchange with Trupiani pre-dated the early February visit to Libya by Italy’s Minister of the Interior, Roberto Maroni, who signed an MOU to implement earlier agreements on counter-migration and counterterrorism cooperation (further details septel).  End note.)  He cited lack of human capacity and rampant corruption and nepotism as limited factors….”

Click here or here for the full cable.

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by | 05 Feb 2011 · 05:37

Malta Again Declines to Participate in Frontex Central Mediterranean Joint Operation

The Times of Malta reported on Friday that Malta has for the second consecutive year informed Frontex that it will not host or participate in joint sea patrols in the Central Mediterranean, saying that there is no need for the patrols given the drastic reduction in the number of boat people attributable to Italy’s push-back practice with Libya which has been in effect since 2009.  Only 47 migrants reached Malta in 2010 compared with 2,775 in 2008.  Frontex’s Central Mediterranean joint operation, referred to as Operation Nautilus (renamed Operation Chronos last year), has in past years operated during the summer sailing months when sea conditions are most favourable for small boats.

Last year Malta initially said that it would not host the joint operation due to the then recently approved guidelines governing Frontex enforcement operations at sea which required that intercepted migrants be taken to the country hosting the mission under certain circumstances.  A Maltese government spokesperson later said that the decision not to host the operation was not due to the new guidelines, but was due to Malta’s view that there was no longer a need for the operation because of the success of the Italy-Libya migration agreement. “The reason why we decided not to take part in [the 2010] mission is that we feel there is no need for this year’s EU patrol.  We have noticed that, following the introduction of joint patrols by Libya and Italy last year, the number of illegal immigrants reaching Malta has dropped significantly. We feel that, as long as this operation remains in place, there is no real need for another anti-migration mission on behalf of the EU.”

Click here for article.

See my previous posts:

Italy and Malta question need for Frontex sea patrols (9 July 2010)

Malta says Frontex Chronos Mission not needed due to success of Italy-Libya push-back agreement (29 April 2010)

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by | 03 Feb 2011 · 06:34

Frontex 3rd Quarter Report

On 16 January the Frontex Risk Analysis Unit released its Report for the Third Quarter of 2010 (July-Sept.).  The report contains data, charts, and graphs detailing detections of migrants, asylum seekers, false document use, detections of facilitators, and other information.  The deployment of Frontex’s RABIT force to the Greek-Turkey border did not begin until 2 November 2010, so the effects of the RABIT deployment do not appear in the Third Quarter.

The Report notes that the “unprecedented peak in illegal border-crossings at the Greek land border with Turkey is the result of a shift from the sea to the land border” coupled with a “large increase in the absolute number of migrants” using Turkey as an EU entry point.  The Report states that there has been an eight-fold increase in the number Maghreb nationals detected at the Greek land border which “is thought to be the result of a displacement effect from the West Africa and Western Mediterranean routes.”

The Report also notes an increase in the number of detections on the Central and Western Mediterranean sea routes compared to Q2 which may be attributable to seasonal variations or “may be indicative of reorganized modi operandi in these areas in response to Frontex Joint Operations, more effective border controls and bilateral agreements implemented in 2008.”  See Figure 3 below.

Excerpts from the Report:

“Detections of illegal border-crossing”

“…  Fig. 2 [see below] shows quarterly detections at the land and sea borders of the EU since the beginning of 2008. The 30% increase in the number of detections between the previous and present quarters is comprised of a 60% increase at the sea borders (although from a lower base) and a 23% increase at the land borders. This means that the shift from sea to land borders has not continued to same extent as in the previous quarters.  Nevertheless in Q3 2010, there were some 29 000 detections of illegal border-crossing at the external land border of the EU, which constitutes 85% of all the detections at the EU level, and the highest number of detections at the land border since data collection began in early 2008….”

“Eastern Mediterranean route”

The Report observes that there has been a shift in illegal crossings from the Greece-Turkey maritime border to the Greece-Turkey land border and notes an increase in the number of nationals from Maghreb countries apprehended at the Greece-Turkey land border.  “This route [being taken by Maghreb nationals] is very indirect, but is thought to be the result of a displacement effect from the West Africa and Western Mediterranean routes….”

See Figure 4 below which shows that detections of illegal border crossers at the land border of Greece have exceeded detections at the sea border since Q1 of 2010.

“Central Mediterranean route”

“There were 2 157 detections of illegal border-crossing during Q3 2010. This is more than a three-fold increase compared to the previous quarter and a third higher than the same period last year. However despite this apparently large increase, detections still remain massively reduced compared to the peak of around 16 000 during the same period in 2008 (Fig. 3)….”

“The JO Hermes 2010 which was operational between June and October 2010, focused on illegal migratory flows departing from Algeria to the southern borders of the EU, specifically to Sardinia. In 2010, there were fewer detections than in previous years….”

“Departures from Libya also remained low. In June 2010, a new law was implemented to serve more severe punishments for facilitating illegal immigration. Ambassadors of the countries of origin were called into the Ministry of Foreign Affairs in Tripoli to be informed about the consequences of the new law, which suggests that this may be a serious implementation.”

“Western Mediterranean route”

“In general, irregular immigration to southern Spain has decreased massively since the beginning of 2006. However, in Q3 2010 there were 2 200 detections of illegal border crossing in the Western Mediterranean, more than twice that of the previous quarter and around a third higher than the same period in 2009. There is growth in the number of detections of a wide range of African nationalities, nine of which more than doubled in number between Q2 and Q3 2010. The most detected nationalities were Algerian, Moroccan, Cameroonian and Guinean.”

“Western Africa route”

“The cooperation and bilateral agreements between Spain and the rest of the Western African countries (Mauritania, Senegal and Mali) are developing steadily, and are one of the main reasons for the decrease in arrivals, as is the presence of patrolling assets near the African coast.”

“According to data collected during JO Hera, the numbers of arrivals in the Canary Islands and detections in West Africa are very low compared to the same time last year. The main nationality and place of departure is from Morocco, to where migrants are returned within a few days.”

Click here for the 3rd Quarter 2010 Report.

Click here for the 2nd Quarter 2010 Report.

Click here for the 1st Quarter 2010 Report.

Click here for my previous post regarding the 2nd Quarter Report.

 

 

 

 

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by | 02 Feb 2011 · 06:49

WikiLeaks 2009 US Cable: Libya takes back 500 Italy-bound migrants

This US Department of State cable, released by WikiLeaks on 31 Jan 2011, was written in May 2009 and describes the first major interdictions of migrants by Italy under the terms of the Italian-Libyan Friendship Agreement.  The events described in the cable are the subject of the communicated case currently pending before the Second Section of the European Court of Human Rights, Hirsi and others v Italy, Requête no 27765/09.  Click here for previous post on the Hirsi case.

Excerpts from the Cable:

“Implementation of a key component of the Italian-Libyan “friendship agreement” has begun, as Italy has returned approximately 500 migrants rescued and interdicted at sea to Libya over the past week. Libyan authorities have notified the local offices of IOM and UNHCR before returning boats arrive in Tripoli to facilitate medical screening, identification, and consular notification. The returnees are then placed in immigrant detention centers. UNHCR has interviewed a number of the detained returnees, noting that only “a handful” of the 500 are likely asylum seekers – mostly of Somali and Eritrean origin; the rest are economic migrants….”

“Libya has accepted the return of three tranches of migrants interdicted or rescued at sea by Italian authorities in recent days, beginning implementation of a key component of the Italian-Libyan “friendship agreement” signed last August aimed at reducing the flow of migrants from Libya to Italy. In each case, the Italians contacted the Libyan navy, which agreed to accept their return to Libya. The Libyan navy did not/not agree to take the migrants on Libyan vessels; rather, in one case, it instructed Italian energy company ENI, which operates an offshore platform in the area, to tow an African vessel to shore; in the other cases, it permitted the Italian navy to transport the migrants back to Tripoli. Once in Tripoli, according to the Italian Embassy, the migrants were processed in an orderly fashion and sent to a detention center.”

“The first group of 227 returnees arrived in Tripoli on May 7. A regional IOM team in Tripoli implementing a G/TIP-funded workshop to enhance Libya’s response to human smuggling and trafficking was on hand to help screen the arrivals and visit one of the three detention centers where the migrants were held….”

“IOM staff here characterized the recent returnees as “the usual suspects” of Nigerian, Nigerien, Ghanaian, and South Asian nationality. The UNHCR mission reportedly interviewed many of the returnees and found fewer than 10 migrants who were likely asylum seekers including “four or five” Somalis and “a handful” of Eritreans….”

Click here or here for the full cable.

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by | 02 Feb 2011 · 05:48

WikiLeaks 2009 US Cable: UN Official says Libya, Italy shirking HR responsibilities

Several US State Department cables discussing Libya, Italy, Malta, and the EU have been released over the past several days by WikiLeaks.  I will post several of the memos over the next day or so.

Among the cables released by WikiLeaks on 31 January 2011, is a Cable written in August 2009 by Gene Cretz, US Ambassador to Libya.  The cable is headed: “UN OFFICIAL SAYS LIBYA, ITALY SHIRKING HUMAN RIGHTS RESPONSIBILITIES.” Excerpts from the cable:

“In a July 28 [2009] meeting with Pol/Econ chief and Poloff, UNHCR Chief of Mission Mohammed al-Wash complained that Italy was breaking its commitments to support UN and EU charters on human rights by returning asylum seekers to Libya with other economic migrants, and strongly denounced the Italian Coast Guard’s tactics while forcing migrants to return. He cited the example of the return of 80 migrants — including several refugees registered with UNHCR in Tripoli, Addis Ababa, and Cairo — interdicted by Italy on or around July 1 who later related their story to UNHCR staff. When the vessel carrying the migrants was stopped, three Eritrean representatives reportedly asked to speak with the Italian ship’s commander to inform him of their refugee status. Several on the boat produced their UNHCR attestations for the commander. Replying that he was under strict orders from his government to return migrants to Libya, the Italian commander reportedly ordered that all migrants – including those registered with UNHCR — be removed from their vessel for transport to Libya. Some of the migrants refused, leading to physical altercations between the migrants and the Italian crew that ended with the Italians beating some Africans with plastic and metal batons, leaving at least six injured. Migrants on the boat reportedly filmed the incident with their mobile phones, leading the Italian crew to confiscate phones, documents, and personal belongings that have not yet been returned….”

“Al-Wash alleged that the Italian government was intentionally stonewalling the UN. According to al-Wash, Italian Ambassador Francesco Trupiano refuses to meet with UNHCR and told al-Wash that he was a “troublemaker.” Al-Wash believed that that Trupiano was single-mindedly focused on returning migrants to Libya and claimed to be unaware that Rome had agreed in principle to accept 63 refugees for resettlement from Libya. UNHCR has also submitted to the GOI a list of 93 refugees that have been returned since Italy and Libya began joint patrols in May. According to al-Wash, Rome agreed to accept “20 or 30″ of the 93 refugees, provided EU states committed to a burden-sharing agreement, though states did not seem eager to undertake one. Al-Wash was hopeful the EC would intercede to bring Italy in line, citing the EC’s inclusion of Libya signing an MOU with UNHCR as part of its requirements for a Framework Agreement (ref A) and a recent letter from the Commission to the Italian Interior Ministry, reminding it of its obligations under the EU’s Human Rights Charter….”

“Al-Wash alleged that the Italian government was intentionally stonewalling the UN. According to al-Wash, Italian Ambassador Francesco Trupiano refuses to meet with UNHCR and told al-Wash that he was a “troublemaker.” Al-Wash believed that that Trupiano was single-mindedly focused on returning migrants to Libya and claimed to be unaware that Rome had agreed in principle to accept 63 refugees for resettlement from Libya. UNHCR has also submitted to the GOI a list of 93 refugees that have been returned since Italy and Libya began joint patrols in May. According to al-Wash, Rome agreed to accept “20 or 30″ of the 93 refugees, provided EU states committed to a burden-sharing agreement, though states did not seem eager to undertake one. Al-Wash was hopeful the EC would intercede to bring Italy in line, citing the EC’s inclusion of Libya signing an MOU with UNHCR as part of its requirements for a Framework Agreement (ref A) and a recent letter from the Commission to the Italian Interior Ministry, reminding it of its obligations under the EU’s Human Rights Charter.”

Click here or here for the full memo.

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by | 26 Nov 2010 · 07:24

INEX Report and Interview with Frontex Director Laitinen

A final report prepared as part of the INEX Work Package 3 “Value Dilemmas of Security Professionals” has just been released.  The Report is entitled “Ethical Security in Europe? Empirical Findings on Value Shifts and Dilemmas across European Internal-External Security Policies.”  The report’s authors are Dr. Matteo Tondini and Dr. Isabelle Ioannides.  The report contains extensive empirical findings and policy recommendations that are based primarily on two case studies: “the recent interception of migrants in the Central Mediterranean Sea undertaken by the Italian authorities” and “the implementation of anti-terrorism/radicalisation measures in the Netherlands and the UK.”

The report contains a significant amount of information which will be of interest to anyone concerned with migrant interdiction practices in the Mediterranean (and elsewhere).  I will try to post a few summaries of some portions of the report in the coming days, but in the meantime I wanted to call attention to an interview that was conducted in May of this year by Dr. Tondini with Frontex Executive Director Ilkka Laitinen as part of the research project.  A transcript of the interview is included in the report. [INEX Laitinen Interview 12May2010]

In the interview Mr Laitinen said that contrary to the information contained in the Human Rights Watch Report of 21 September 2009, Frontex had no involvement in the 18/19 June 2009 incident where Italian and Libyan authorities jointly intercepted and returned a group of migrants to Libya.  He noted that the recent agreements between Libya and Italy had closed the central Mediterranean migration route and that it is therefore now “the right moment for the Agency to intervene, with the aim of consolidating the results achieved so far … The only way of doing this is to cooperate with neighbouring countries such as Libya.”  And while Mr Laitinen stated that the “respect of fundamental rights is a crucial part of the European border control service” he also stated that “the right of boat people to claim asylum or other forms of protection outside [Member States’] territorial waters is not yet acknowledged Europe-wide.”  In response to this latter point, Dr. Tondini pointed out that it is the position of the Italian government that if an asylum claim is made on board an Italian vessel, the asylum seeker is supposed to be transported to Italy for the purpose of making a formal claim.

(Thank you to Matteo Tondini for sharing the Report.)

Click here for the final Report.

Click on this link- INEX Laitinen Interview 12May2010 -for the transcript of the Interview.

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by | 25 Nov 2010 · 03:53

EC Request for Services: “Technical Assistance for the Identification and Formulation of a Programme of Support to the Libyan Authorities in the field of Migration” (26 Nov Deadline)

This was just posted on the SRLAN listserve.  The deadline for an expression of interest has been extended to 26 November (but this date should be verified):

“Dear Sir,  I would like to inform you about a new EC funded project, entitled: ‘Technical Assistance for the Identification and Formulation of a Programme of Support to the Libyan Authorities in the field of Migration’.

We are looking for 2 Experts mastering English, from January 2011, with the following profile:

Expert in Migration/Team Leader:

  • Master Degree (or higher academic degree) in an area relevant to Migration (Law, Political Sciences, Humanities, Sociology, etc).
  • At least 10 years of professional experience in the field of Migration.
  • Thorough knowledge of migration policies and strategies, in particular the EU global approach to migration and the international set of rules, laws and conventions related to border management, migration and asylum.
  • Experience in the identification, formulation, and management of programmes of support or technical assistance in the framework of the EC external aid to third countries.
  • Fluency in written and spoken English.
  • Knowledge of development issues in North Africa and the Middle East and/or Sub-Saharan Africa.
  • Good understanding of the social and economic policies of the EU
  • Ability to manage and lead a team.
  • Excellent writing and communication skills
  • Knowledge of Arabic is considered an asset.

Expert in International Law (other field could be International Relations):

  • Master Degree (or higher academic degree) or equivalent professional experience in the field of International law, International Relations or Migration.
  • At least 10 years of professional experience in the field of migration.
  • Thorough knowledge of migration policies and strategies, in particular the EU global approach to migration and the international set of rules, laws and conventions related to border management, migration and asylum.
  • Fluency in written and spoken English.
  • Good knowledge and working experience in the Middle East and North Africa Region.
  • Experience in project management, identification, formulation, implementation and evaluation of similar EC funded projects.
  • A good understanding of the economic and social policies of the European Union.
  • Knowledge of Arabic is considered an asset.
  • Excellent writing and communication skills.

Please find attached the ToRs for further details.  Should you be interested in partaking in the offer please reply by return of mail and send me your updated Cv (according to the attached model) before 21/11/2010 and I will inform you about the application process.

Nadia Bedhiaf
Assistant Project Manager
+216 71 76 68 66
+216 71 76 69 66
www.ccm-cg.com ”

From the Terms of Reference: “… The assignment will provide the necessary information for the beneficiary of the EU contributions (Libyan Authorities responsible for the management of borders and mixed migration flows) and Delegation of the European Union to Libya (DEU) to formulate a Cooperation and Technical Assistance Programme between the EU and Libya on Migration related issues, including management of borders and mixed migration flows.

The identification and formulation of this programme will be divided in two parts:

i) Programme to Support the Libyan authorities to enhance the management of borders and migration flows (10 million Euros) [and] ii) Programme to support the Libyan authorities on migration related issues, risks and challenges (30 million Euros) [***]

The assignment will include:

1. An analysis of the sector and needs assessment of the migration sector in Libya, in relation to border management, the management of migratory flows, and international protection. In this sense it will identify the social, demographic, financial, legal or institutional constraints to the implementation of actions and the design of policies to effectively manage migration in Libya.

2. Support the consultation and dialogue process on the migration related issues and policy between the Government of Libya and the Delegation of the European Union to reach a common agreement on the areas of intervention of the programmes.

3. Present in a clear and exhaustive manner the objectives, the actions, the expected results and the possible indicators of the programmes being identified and formulated. [***]”

Click on this link- TofR_066810_1-1 -for Terms of Reference and on this link- CVtemplateEnglish -for CV template.

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by | 24 Nov 2010 · 18:41

Eritreans Diverted from Libya Held by Human Smugglers at Egypt-Israel Border

Several organizations, including Gruppo EveryOne, are making an appeal on behalf of a group of 80 Eritreans who are reportedly being held by traffickers at the Egypt-Israel border. The Eritreans apparently departed Tripoli en route to Israel.  This incident provides anecdotal evidence that African asylum seekers are attempting to enter Israel because the Central Mediterranean sea route to Europe has for all practical purposes been closed by the Italian-Libyan push-back practice in effect since May 2009.

Click here (EN) or here (IT) for the Gruppo EveryOne appeal.

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by | 21 Nov 2010 · 05:18

Migreurop Report: European borders- Controls, detention and deportations

Migreurop has released its second report on Europe’s borders: “European borders- Controls, detention and deportations.”  Migreurop describes the report as a “[denunciation of] the « externalization » process of the European union migratory policy [which] shows how third countries are obliged, through the threat of the reconsideration of cooperation agreements and development aid, not only to readmit the migrants chased from Europe, but also to keep them on their own territory from travelling towards its doors.   From Calais area in France to the edge of Turkey and the Adriatic sea, from the surroundings of Gibraltar to the Sahel Saharan desert and the new member states of eastern Europe, a subcontracting of migratory control is carried out in series, sometimes very far away from the Union but also within its territory, especially when it deals with sending asylum seekers from country to country considered as unwanted. A large population of exiles, from both sides of the European borders, is subjected to arbitrary incarceration, wandering, and the constant humiliation of a hostile environment….”

Here is the Table of Contents:

Introduction

  • What have migrants become 3

Ceuta, a gilded prison

  • A murderous border 7
  • A legal limbo 8
  • The situation of migrants in detention 8
  • The situation of migrants in the CETI (open centre) 9
  • Deportations and expulsions 12
  • Surviving without resources 14

Sahel-Saharan countries, Europe’s new sentries

  • I – European interference in inter-African migrations – the case of Mauritania 18
    • The “crisis of the cayucos” 18
    • 1. Cooperation instigated by Europe 18
    • 2. Mauritania tramples on its own principles and conforms 21
    • 3. Subcontracting repression and endangering foreigners 22
  • II – Bargaining between Libya and Europe: migrants as an exchange currency –the case of Niger 33
    • 1. A reciprocal exploitation 34
    • 2. An increasingly repressive control of borders 37
    • 3. Arrests and detention in Libyan territory 39
    • 4. A deadly expulsion policy 42
  • Conclusion: the real face of Kadhafi’s pan-Africanism 44

Poland, Romania: how to be good state members in the enlarged EU

  • I – At the new frontiers: the screening of migration 47
    • 1. Reducing the transit and deserving Schengen 48
    • 2. The border police, Frontex and cooperation with other European states 48
  • II – Reception and detention centres 52
    • 1. The detention of foreigners 52
    • 2. Reception centres: isolating asylum seekers 60
    • 3. “Dublinized” asylum seekers 61
  • III – Returns 63
  • IV – Intolerance towards migrants and refugees 66
  • V – Embryonic mobilizations 70

The Ionian and Adriatic seas: forced returns between Italy and Greece

  • A new migration route at Europe’s gates 73
  • I – Controlling and blocking 75
    • 1. Controls in Greece 75
    • 2. Controls at sea 77
    • 3. Controls in Italian ports 78
  • II – Turning back and readmission 82
    • 1. Arbitrary practices and violation of rights 82
    • 2. The port of Venice: collective returns 83
    • 3. The port of Ancona 86
    • 4. Forced return to Greece 86
  • III – Detention 88
    • 1. At the borders and at sea: areas beyond legality 88
    • 2. Detention in Italy 89
    • 3. Detention in Greece 90
  • IV – Some cruel situations 93
    • 1. In Greece 93
    • 2. In Italy 96
  • V – Mobilizations 97
    • 1. In Venice 97
    • 2. In Ancona 97
    • 3. In Greece 98

Ping-pong at the Greco-Turkish border

  • Selective expulsions and random readmissions 106
  • Reactions to a degrading and sometimes murderous situation 107
  • Assistance, support, resistance 108

Dismantling the Calais jungle: a deceptive operation

  • I – The declared objectives of the 22 September 2009 operation 112
  • II – The real objectives of dismantling the jungle 113
  • III – The Modus Operandi: brutality and trickery 115
  • IV – What next? 116

Migreurop network 121

Annexes 122

  • Knocking down walls and defending the right to migrate 122
  • UNHCR-Libya : the bid is rising, migrants pay the price 124
  • All for the closure of camps for migrants, in Europe and beyond 125
  • Italia and Libya: hand in hand 127
  • Roma people victims of the French government xenophobia 128

Click here for the report (EN), or  here (FR), or here (ES).

Click here for article (ES) in Periodismo Humano about the report.

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by | 09 Nov 2010 · 04:27

Libya Purchases Coastal Surveillance System

Libyan officials signed a €20 million contract on 14 October to purchase a national coastal surveillance system from Transas Marine, an Irish company.  According to the company’s press release, the system “will ensure continuous surveillance of the territorial waters, safety of navigation, reduction of illegal immigration and protection of the marine environment.”  The system is scheduled to become operational in 16 months.  Malta Today noted that the “deal was inked after the European Commission … offered Libya up to 50 million euros in aid to stop the flow of illegal migrants to Europe and to protect refugees.”

Click here for article.

Click here for Transas Marine press release.

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by | 12 Oct 2010 · 05:56

New Paper: M Tondini, “Fishers of Men? The Interception of Migrants in the Mediterranean Sea and Their Forced Return to Libya”

A new legal paper by Dr Matteo Tondini entitled “Fishers of Men? The Interception of Migrants in the Mediterranean Sea and Their Forced Return to Libya” is available.  This paper should be read by anyone with any interest in Italy’s current push-back practice with Libya.  Dr Tondini is currently a post-doctoral researcher at the Vrije Universiteit Amsterdam – Faculty of Social Sciences – Department of Governance Studies.  The paper has been produced as part of the INEX Project, financed by the EC under the FP7 (http://www.inexproject.eu).

The paper refers to some unpublished material and interviews. Here is the abstract:

“This paper presents an extensive account and assesses the legality of the recent naval constabulary operations – undertaken by Italian and Libyan military vessels – in the central Mediterranean Sea, aimed at intercepting boat people in international waters and returning them to the Northern African coasts. If considered as a border control operation, the interception of migrants and their debarkation in a third country often lacks a valid legal basis. The latter is easier to be found under maritime law, by ‘labelling’ interceptions as rescue missions. Nevertheless, such operations must be conducted according to state obligations under human rights law and refugee law (especially the non-refoulement rule), which only allow Italian vessels to disembark boat people to a ‘safe third country’. The paper concludes that since Libya cannot be considered a ‘safe third country’ in this sense, the interception of migrants on the high seas and their forced return to Tripoli may entail violations of maritime, human rights, migration and refugee law at both an international, European and domestic level.”

Click here or here to access the paper.

(Thank you to Dr Tondini for bringing this paper to my attention.)

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by | 12 Oct 2010 · 05:23

ECRE Critical of EU Migration Agreement with Libya

ECRE has posted a statement on its web site that is very critical of the recent EU-Libya Migration agreement.  Also posted is an interview with MEP Sylvie Guillaume (S&D, France) who is a member of the LIBE Committee where she discusses the human rights implications of the EU agreement.

Excerpts from ECRE’s Statement:  “It is difficult to understand why the EU is finalising a deal with the political dictatorship in Libya on issues that impact the fundamental rights of thousands of people. In June this year, Tripoli ordered the UN Refugee Agency, UNHCR, to close its offices in the country, a perfect illustration of Libya’s particular understanding of refugee protection and the unreliable nature of the regime under Colonel Gaddafi. Can we honestly think that refugees are safe in Libya? …

Through this ‘migration cooperation agenda’, the EU is trusting Libya to stop irregular migration towards Europe and to decide on the fate of those asylum seekers who will find it now even harder to reach safety in Europe. This follows last year’s highly questionable agreement between Rome and Tripoli to allow Italy to push back migrants to Libya without assessing their need for international protection. Since then, hardly any refugee has managed to reach Italy by sea. The EU Governments and the European Commission have so far turned a blind eye….

In particular, EU representatives have committed to assist Tripoli in reinforcing its capacity to prevent migrants from entering Libya through its Southern borders and in developing its patrolling capacities in its territorial waters and at high sea. The agreement also covers EU’s assistance to Libya in screening migrants in order to identify those in need of international protection. By setting up EU-sponsored asylum processing centres in Libya, EU States would evade their obligations to protect refugees and shift the responsibility to a country with an appalling human rights record….”

Click here for full statement.

Click here (EN) and here (FR) for interview with MEP Sylvie Guillaume.

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